Tuesday, December 13, 2016

A federal court has denied XPO/Con-way’s latest attempt to delay the decision by workers in Laredo, Texas to form their union as Teamsters with Local 657.

The United States Court of Appeals for the Fifth Circuit rejected the company’s petition for review of an order of the National Labor Relations Board requiring the company to recognize Local 657 as the workers’ bargaining representative. The workers voted to form their union as Teamsters in September 2014.

“The court has rejected yet another attempt by XPO to delay justice to these workers,” said Frank Perkins, President of Local 657 in San Antonio. “The company can appeal to the U.S. Supreme Court, but we think that is unlikely in this case. We demand that the company respect these workers’ wishes and begin bargaining a contract soon.”

Friday, December 2, 2016

Potential $110 Million Windfall for CEO Sparks Investor Call for Vote Against Incentive Plan at Special Meeting

(WASHINGTON) – Today, in a letter to XPO Logistics’ [NYSE: XPO] Board of Directors, the International Brotherhood of Teamsters raised objections to the company’s proposed 2016 Omnibus Incentive Compensation Plan (the Plan) that could provide a windfall stock award for CEO Bradley Jacobs worth $110 million at current stock price levels.

At a special meeting on December 20, 2016, XPO shareholders will vote on the proposed plan which reserves 3.4 million new shares and increases the individual annual equity award limit from 500,000 shares to 2.5 million.

Absent an amendment to the Plan that would set a moderate and reasonable individual award limit, the Teamsters will vote against the Plan and recommend fellow shareholders do the same.

In the letter to XPO Lead Independent Director Michael Jesselson, Teamsters General Secretary-Treasurer Ken Hall notes that the Plan as proposed could allow the board to award Jacobs compensation that is 160 times his base salary and five times the target value of the equity award he was granted under his new employment agreement, which is designed to cover the four-year term of the new contract.

Hall also questions the efficacy of the plan design to incentivize management. In the letter Hall states, “We believe the board would have ample room to incentivize and retain executives with a lower limit, particularly considering the new plan also doubles the maximum, annual cash award payable to any individual to $10 million. Moreover, with CEO Jacobs already holding 15 percent of common shares, it is not clear to us that large equity awards are required to retain and incentivize his services.”

“Under no conceivable scenario is a payout of 2.5 million shares to CEO Jacobs, the company’s largest shareholder, justifiable,” Hall said. “The board has lost sight of one of its prime responsibilities—establishing sound executive pay practices that incentivize performance and protect the interests of shareholders.”

Founded in 1903, the International Brotherhood of Teamsters represents 1.4 million hardworking men and women throughout the United States, Canada and Puerto Rico. Visit www.teamster.org for more information. Follow us on Twitter @teamsters and “like” us on Facebook at www.facebook.com/teamsters.

Wednesday, November 23, 2016

It won't be politicians bringing jobs back from overseas. It's working people organizing unions at our workplace and fighting back against the corporate greed that sends decent, good paying jobs overseas. Just to get their millions in bonuses and golden parachutes when they retire or when they bankrupt a company. Unless we organize, corporate crooks will continue to get away with the looting of America. They have bought politicians to weaken or pass laws that will allow them to go around labor laws. They hire labor consultants, better known as union busters, to lie or misinform employees about unions. Their main goal is to divide us while making us believe we don't need union representaion. They tell you to pull yourself up by your bootstraps. They've been successful for almost 40 years by using the divide and conquer mentality. It's our time to stand together and fight back. This is a good example of how unions fight and stand up for working class America.

MOU Cases 06-15-C16; 06-15-W5; 06-15-W9. These cases involve YRC’s office clerical operations and a challenge raised by various Locals to the offshoring of certain billing work to India and the Philippines. According to the Company, Teamster represented employees have historically performed less than 50% of the work in question. Several years ago, the Company closed all of its non-union clerical operations in the U.S. Much of that non-union work was sent overseas. The Company claims that it is not in violation of the MOU because the Union today represents a much higher percentage of the work in question than it ever had previously. Nevertheless, as a result of discussions resulting from the deadlocked case, the Company is now increasing the number of red-circle office positions in Local 63 and the employees will have access to the national queue of work. Additionally, the Company will transfer work from India and the Philippines in order to provide sufficient and appropriate work opportunities. Furthermore, the Company will meet with Locals 20 and 696 about increasing the number of full-time office positions in those Locals. The MOU Subcommittee, has therefore undeadlocked the case and re-assumed jurisdiction for further review and consideration as appropriate.

Thursday, November 10, 2016

Drivers at XPO Logistics in suburban Philadelphia voted for Teamster representation today, propelling a nationwide campaign where XPO workers are standing together and forming their union to win fairness and respect on the job. The vote was 37 to 13.

The 52 drivers at the former Con-way Freight join workers in Miami; Laredo, Texas; Vernon, Calif.; Aurora, Ill.; and in North Haven, Conn. who have already voted for Teamster representation.

"Three victories at XPO in less than a month (Aurora, North Haven and King of Prussia) show that the workers are building momentum in their quest for fairness, strength and a real voice at one of the world's largest transportation companies," said Tyson Johnson, Director of the Teamsters Freight Division. "We will continue to stand with XPO workers across the country who demand positive change."

"Despite the company sending in its high-priced union busters, the workers stood strong, boldly and united in their fight for a better future," said Michael Bonaduce, President of Teamsters Local 384 in Norristown, Pa. "Now, the fight for a strong contract begins."

"This is a great day for us and we urge our co-workers across the country to stand bravely to win dignity, respect and fairness by banding together," said Bill Strouse, a road driver and 23-year employee. "We need to have a voice on the job so that management will listen to our concerns."Click to read more

Monday, October 24, 2016

Ryan Janato, a driver at XPO in Aurora, IL joined his co-workers on October 13 by voting to form their union as Teamsters. Janato recorded a video message for the XPO workers in the Philadelphia area, who will vote in their Teamsters election on November 10. #WeAreXPO

Tuesday, October 18, 2016

Tom Folds, a city driver at XPO in Norcross, Georgia recorded a 2-minute video in which he urges his co-workers from across the country to stand together to fight for a secure retirement, affordable health care and fairness in the workplace. Don’t miss this great video. #WeAreXPO

Tuesday, October 11, 2016

Workers Want Decent, Affordable Health Care And Retirement Security

(KING OF PRUSSIA, Pa.) – Drivers at XPO Logistics in suburban Philadelphia filed for Teamster representation today, the latest action by workers across the U.S. who are banding together to fight for fair treatment at one of the largest transportation and logistics companies in the world.....readmore at teamster.org/news

Sunday, June 5, 2016

Teamsters from Local 445 in Rock Tavern, New York reached out drivers with XPO/Con-way in nearby Montgomery today. During the second day of national leafleting today, momentum and enthusiasm continues to grow across the country, as former Con-way drivers seek fairness and a more secure future. At the same time, at the Ports of LA and Long Beach, port workers are taking action for fairness, justice and a voice on the job. XPO workers are all in this together and their strength and solidarity are growing from coast to coast!

Leafleting is under way in the Atlanta area, where Bo Whitener, a volunteer/member from McKesson and other members of Teamsters Local 728 are reaching out to XPO/Con-way drivers. The leafleting at XPO/Con-way terminals got off to a great start today and it coincides with the XPO port drivers’ actions at the Ports of LA and Long Beach. Scores of Teamster local unions are participating and the response from XPO/Con-way drivers has been overwhelmingly positive. Momentum in the campaign is building every day!

Employees Demand Discussions with CEO to Address Serious Issues

PRESS CONTACT

Galen Munroe

(GREENWICH, Conn.) – Today, XPO workers from the United States and Europe, along with union leaders, gathered outside the XPO Logistics shareholder meeting to call for CEO Bradley Jacobs to meet with them to address a laundry list of serious concerns.

XPO is a top 10 global logistics company and its employees around the world are angry about the company’s anti-worker actions and abuses. So far, Jacobs has spurned their requests to meet. A delegation attended the meeting to demand a meeting to discuss workers’ concerns.

“Many of the 19,000 employees of XPO/Con-way Freight are very upset about the company’s refusal to bargain in good faith, the terminal closures, the subcontracting and layoffs,” said Tyson Johnson, Director of the Teamsters National Freight Division. “Workers are fighting back by forming their union with the Teamsters."

“Today’s action in Greenwich is historic because the Teamsters and members of several labor unions in Europe are coming together to tell the truth about XPO’s campaign of global greed,” said Fred Potter, Director of the Teamsters Port Division. “The company is mistreating port, warehouse and freight workers across the U.S. and the world.”

XPO is mismanaging the integration of its new businesses which has created significant operational and financial risk for the company and its investors. In addition to the Con-way Freight workers’ struggles, the company’s port and rail drivers are fighting company wage theft in excess of $200 million because of persistent misclassification as independent contractors.

XPO’s greed also extends to Europe beginning with breaking its promise to not layoff any workers in France for at least 18 months after XPO’s purchase of Norbert Dentressangle SA. Workers in Europe and their unions have been fighting back against XPO’s disrespect, lies and attempts to slash jobs.

"We applaud today's action in Greenwich,” said Steve Cotton, General Secretary of the International Transport Workers Federation (ITF). “This event is the first time that a new network of concerned workers has taken action on XPO. The company has to listen. The company has to talk."

The coalition of workers and unions plans more events in an effort to get Jacobs to meet with the group to discuss the workers’ issues.

The 1.4 million-member International Brotherhood of Teamsters represents more than 75,000 freight members, including nearly 200 at XPO/Conway. For more information, please visit https://teamster.org

Saturday, April 30, 2016

The Teamsters organizing campaigns in freight at XPO/Con-way and FedEx Freight are going strong, with a recent major court ruling, growing a national network of worker activists and successful nationwide days of action leafleting by members at terminals nationwide....

Wednesday, April 13, 2016

Twenty-four XPO workers and union representatives from Europe and the United States have developed a joint strategic approach to protect standards for workers and ensure respect for labour rights, in the face of the company’s aggressive merger and acquisitions plans.

Tuesday, April 12, 2016

You have the right to organize a union to negotiate with your employer over your terms and conditions of employment. This includes your right to distribute union literature, wear union buttons t-shirts, or other insignia (except in unusual "special circumstances"), solicit coworkers to sign union authorization cards, and discuss the union with coworkers. Supervisors and managers cannot spy on you (or make it appear that they are doing so), coercively question you, threaten you or bribe you regarding your union activity or the union activities of your co-workers. You can't be fired, disciplined, demoted, or penalized in any way for engaging in these activities.

Working time is for work, so your employer may maintain and enforce non-discriminatory rules limiting solicitation and distribution, except that your employer cannot prohibit you from talking about or soliciting for a union during non-work time, such as before or after work or during break times; or from distributing union literature during non-work time, in non-work areas, such as parking lots or break rooms. Also, restrictions on your efforts to communicate with co-workers cannot be discriminatory. For example, your employer cannot prohibit you from talking about the union during working time if it permits you to talk about other non-work-related matters during working time.

Monday, March 28, 2016

“Pay no attention to that man behind the curtain. The great Oz has spoken,” the actor Frank Morgan thundered in the famous 1939 movie. Once Toto pulled back the curtain, and we saw the white-haired man frantically pulling levers and turning cranks, we knew who was really talking. Viewers can argue about whether the Wizard of Oz was an enterprising charmer with brains, heart and courage to spare, or a cynical con artist. But you can’t make an informed decision if you can’t see behind the curtain.

When the message is heard but the speaker is hidden, the result can be confusion. That’s what often happens in today’s workplaces when workers try to organize. Workers may perceive that trusted managers and supervisors are speaking their own minds, when in fact these co-workers are reciting a message crafted by professional consultants called “persuaders.”

New rules from the Labor Department will now provide transparency to workers and the public. We have refreshed an outdated statutory interpretation, putting in place a simple, common-sense reporting requirement for when employers pay for persuader services during union organizing efforts. The rule in no way limits what employers or consultants can say. It just means that workers will know who has crafted the message.

Basic fairness dictates that workers know who is responsible for the information that is being shared with them during union organizing efforts. If someone was trying to persuade me about something as personal and direct as my job and my workplace, I’d want to know all of the sources for their messages. Only then would I feel I could judge for myself the content of the messages.

In many cases, unions already have to disclose information about how they spend their money, including during organizing. But on the employer side, workers have had little if any information, as the prior interpretation of the statute made it easy for paid consultants to influence and persuade workers without their involvement ever becoming known.

Persuaders often have employers tell their employees that a union is an outsider or a “third party.” Sometimes this message is taken even further. Workers are told that they and the employer are a family and the family will be harmed by the intrusion of the third-party union. But many employees might give this “intruding union” argument less weight if they knew that the employer itself brought in an outside third party. In addition, workers who are told that there is no money for raises that the union might push for may be interested in knowing how much money their employer is spending on outside consultants.

The reporting requirements put into place by the revised rules are minimal. Employers and consultants will file a brief form with checkboxes when they have entered into persuader agreements. Consultants will also file a form when they present union avoidance seminars for employers. That’s it. Plus, the form already exists. Employers and consultants already file it in some cases, when persuaders themselves directly communicate with the employees.

The new interpretation simply applies the statute to circumstances when it’s most needed: when the consultant is hidden. The rule only applies to agreements entered into after the rule becomes effective. This is a small change that will result in a meaningful increase in the amount of information available to workers and the public.

For all the rhetoric that has flown forth during the years the department has worked on this regulation, let’s face it: many employers engage consultants when there is a union organizing effort. If an outside expert drafts communications for you to share with your employees, and if you are willing to pay the outsider to prepare what you tell your employees, then all this rule tells you to do is to draw back the curtain and reveal who scripted the message and managed its delivery.

Wednesday, February 24, 2016

The National Labor Relations Board (NLRB) has ordered FedEx Freight to cease and desist from refusing to bargain with Teamsters Local 439, a huge victory for the drivers who voted 33 to 12 to form their union in March 2015.

The case is yet another example of how FedEx is trampling on the federally protected rights of its workers to form their union with the Teamsters. Similar foot-dragging by the company is occurring in other areas of the country, where workers have taken the bold step of forming their union to improve their lives. The company would rather spend hundreds of thousands of dollars on union busters and violate its employees’ rights rather than negotiate a contract.

In the Stockton case, FedEx Freight has contested the union’s certification as bargaining representative of the workers, while Local 439 has filed charges alleging that the company has refused to bargain.

In a February 18, 2016 decision and order, the NLRB ordered that FedEx Freight cease and desist from failing and refusing to recognize Local 439 as the workers’ exclusive bargaining representative.

The NLRB also ordered the company to cease and desist “in any like or related manner interfering with, restraining, or coercing employees in the exercise of the rights guaranteed” to them under federal labor law.

The NLRB also ordered FedEx Freight to bargain with Local 439.

“This is a huge victory for the drivers who voted to form their union with Local 439 and we will continue to fight on behalf of these workers until they ratify their first contract,” said Ken Guertin, Local 439 Secretary-Treasurer.

“The International Union, working side-by-side with all the freight local unions, is committed to this campaign over the long-term,” said Tyson Johnson, Director of the Teamsters National Freight Division. “We hope that the company will get serious and negotiate a fair contract for the workers in Stockton and elsewhere who have exercised their rights to form their union. The workers are seeking a better life for themselves and for their families.”

Meanwhile, in a separate settlement agreement pertaining to election violations that occurred prior to the March 2015 election, FedEx agreed to not violate workers’ rights to form their union.

“As part of the earlier settlement agreement, the company agreed to pay employee Edgar Aguilar about $4,900 in back pay for hours it took away from him at the time of the election,” said Rob Nicewonger, a Local 439 Business Agent. “This agreement shows that the company engaged in an intensive anti-union campaign that included management ride-alongs with drivers, pre-shift captive audience meetings, one on one meetings with workers, and regular mailings of anti-Union literature. The Company’s anti-union campaign also included remedying issues for workers and giving them benefits it had previously withheld from them in an effort to influence their votes. Finally, FedEx Freight also simply retaliated against outspoken union supporters.

Sunday, February 7, 2016

XPO Logistics entered the highly-fragmented market for less-than-truckload business last fall with its acquisition of Con-way. . PHOTO: XPO LOGISTICS INC.

By

LORETTA CHAO

Feb. 5, 2016 4:26 p.m. ET

XPO Logistics Inc. is suing competitor YRC Worldwide Inc. over the hiring of several former employees, alleging that the trucking company conspired to steal customer and pricing secrets by poaching its executives.

The lawsuit, filed Feb. 3, pits two of the largest trucking companies in the U.S. against each other over the trade secrets that are at the heart of the highly competitive freight shipping market.

The complaint grew out of XPO’s takeover last October of Con-way Inc. and its Con-way Freight unit that is the second-largest in the country offering less-than-truckload service, in which shipments from multiple customers are combined on trucks. YRC Freight is No. 3 in that market.

In its complaint, XPO asks the court to order YRC to return any trade secrets and company information it holds and to stop employing for a year former XPO employees, including two top executives who had come to XPO through the company’s acquisition of Con-way.

XPO alleges in the complaint that two of the employees, longtime senior executives at Con-way Freight, had “informally” accepted job offers with the competitor weeks before their departures but delayed their resignations. XPO said it believes that was so the executives could get more “confidential information and trade secrets, including but not limited to its most valuable competitive strategies” as XPO prepared to restructure the Con-way operation.

A YRC Worldwide spokesman said in an email that the company declined to comment on the complaint.

The lawsuit comes after XPO, which under Chief Executive Bradley Jacobs has used a rapid series of recent acquisitions to become a multibillion-dollar freight brokerage and transportation services provider, moved directly into the trucking market last year with its $3 billion purchase of Con-way.

Last month, YRC said it had hired former Con-way executives Paul Lorensen and Chet Richardson as vice presidents. XPO said the executives had moved to YRC last November, days after the XPO acquisition had closed.

XPO said in the lawsuit that Messrs. Lorensen and Richardson were “highly compensated, given extensive training, and entrusted with XPO Freight’s highest level of Confidential Information and Trade Secret.” It said the executives were part of a steering committee that worked closely with McKinsey & Co. on a strategic project to transform the company, and helped develop potential new segmented service offerings aimed specifically at competing with YRC.

Reached by phone, Mr. Lorensen said he would have no comment on the complaint. Mr. Richardson did not respond to emails and other messages seeking comment on the allegations in the XPO complaint, and a YRC spokesman said he and Mr. Richardson wouldn’t comment on pending legislation.

The lawsuit accuses YRC of encouraging the executives to “remain surreptitiously at XPO Freight for several weeks before ending their employment,” of falsifying offer letters and of encouraging the executives to disclose the confidential information.

In addition, XPO said, “YRC is offering each poached sales employee a special commission or bonus for each XPO Freight customer they bring with them to YRC.”

The other employees named in the lawsuit were sales and operations personnel hired by YRC that XPO said had “confidentiality obligations.”

Since acquiring Con-way, XPO made a series of cost reductions in its new division, including cutting 190 administrative, back-office and management jobs, and closing seven freight terminals.

Company
extends cost-reduction effort at former Con-way Freight operation by shutting
service centers in remote locations

An XPO Logistics
less-than-truckload truck. PHOTO: XPO LOGISTICS INC.

By

PAUL
PAGE

Feb. 4, 2016 1:41 p.m.
ET

XPO Logistics Inc. has closed seven freight terminals in the
former Con-way Inc. trucking network, extending cost reductions at the business
it acquired last fall.

The shutdowns in what
XPO said were remote locations follow the elimination of 190 jobs last week in
what the company said were back-office areas of the former Con-way Freight
less-than-truckload operation, which sells delivery services on trucks for
multiple customers.

“We’re continuing to
migrate to a more efficient LTL organization, with better network efficiency
and greater utilization of our capacity,” XPO said in a statement. “As part of
our planned restructuring, we decided to close seven service centers in remote
areas without exiting any markets.”

The company declined
to identify the locations of the closed terminals.

XPO said shipments
from the customers near the sites would be processed through other, larger
facilities, making those operations more efficient. “All of our LTL customers
have continuity of service during the transition,” the company said.

The $3 billion Con-way
purchase completed last October capped a rapid series of acquisitions in recent
years that have built XPO into a $14 billion operation. XPO Chairman and Chief
Executive Bradley Jacobs has said the company is taking a break from
its buying spree to focus on integrating the businesses it acquired last year,
including Con-way and French trucker Norbert Dentressangle.

Shares in XPO, which
reports full-year 2015 earnings on Feb. 23, were up more than 11% in trading
Thursday, to $24.24.

Wednesday, January 13, 2016

Class-action lawsuit argues that drivers were misclassified as independent contractors

XPO Logistics CEO Brad Jacobs, left, talks with a company driver. Three trucking company subsidiaries of XPO were sued in California Monday for allegedly misclassifying their drivers as independent contractors.PHOTO: TONY DING/ASSOCIATED PRESSBy

By

ERICA E. PHILLIPS

Jan. 12, 2016 7:24 a.m. ET

Three trucking company subsidiaries ofXPO Logistics Inc.were sued in California Monday for allegedly misclassifying their drivers as independent contractors.

In an emailed statement, XPO Chief Operating Officer Troy Cooper said: “We believe this case is without merit and plan to litigate it vigorously. We are in constant dialogue with our independent-contractor carriers and believe the vast majority of them value the significant benefits that operating independently can bring.”

XPO, a transportation services company, has grown rapidly over the past few years through acquisitions. Until last year, when XPO purchased trucking company Con-way Inc. and French transportation firm Norbert Dentressangle SA, most of the company’s subsidiaries were “asset-light,” meaning their contractors owned the equipment—for example, trucks—that they used to transport cargo.

The trucking companies that were sued Monday perform what is known as drayage trucking services, or hauling goods the short distance between seaports and nearby rail yards and warehouses, a key link in the national supply chain. Within the domestic drayage market, estimated by research firm FTR Transportation Intelligence as generating $12 billion in annual revenue, the independent owner-operator model is common.

But that model has increasingly come under legal scrutiny, in drayage as well as other sectors of the transportation industry. Alleged misclassification of workers has led to high-profile lawsuits against Uber Technologies Inc. and FedEx Corp., among others. FedEx settled a case in California last year for $228 million. Last month, a California judge ruled to expand a class-action suit brought against Uber by three drivers who claim they are employees, not contractors, and deserve benefits such as workers’ compensation.

Workers in the lawsuit filed Monday are being represented by the Los Angeles law firm Kabateck Brown Kellner LLP, which has previously brought similar claims against several drayage trucking companies, including Pacer. A $4.25 million settlement with Pacer, which they reached last May, is awaiting a judge’s approval.

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